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HomeMy WebLinkAbout979839CORRECTED POWERLINE EASEMENT AGREEMENT This Corrected Powerline Easement Agreement is being executed and recorded to correct a mistake in that certain Powerline Easement Agreement recorded on August 12, 2010 in Book 751 on Page 870 of the records of Lincoln County, Wyoming. The initial Powerline Easement Agreement incorrectly contained a strikeout of certain language in Paragraph 6 thereof, when such language should not have been stricken. The parties intend that the initial easement otherwise remain as previously executed, and consequently agree as follows: 1. Grant of Easement. For and in consideration of the sum of One ($1.00) Dollar and other good and valuable consideration, PAUL and MARY PAYTOSH (collectively "Grantor does hereby give, grant, bargain, and convey to WIDE OPEN SPACES, LLC, a Wyoming limited liability company "Grantee and its assigns, a non exclusive permanent easement and right -of- way for the installation, operation and maintenance of a power line, together with the right to construct, operate and maintain continuously upon, over, and across said land, its lines for transmitting electric current with wires, transformers, conduits, cables, guy wires, and other necessary apparatus and fixtures (collectively, the "Facilities together with the right to assign this easement to successors and assigns in whole or in part; and together with the right at all times to enter upon said premises for the purpose of inspecting said lines, making repairs, renewals, alterations and extensions thereon and for all purposes incidental thereto, solely across, through and over the lands hereinafter described on the attached Exhibit A, which is incorporated here by reference (the "Easement Tract together with the right to remove trees, bushes, undergrowth, and other obstructions interfering with the safe and necessary construction and maintenance of Facilities (the "Easement The Easement granted herein is for the benefit of Grantee and for the benefit of the property owned by Grantee and described on the attached Exhibit B, which is incorporated herein by this reference (the "Benefitted Property 979839 12/23/2014 2:56 PM LINCOLN COUNTY FEES: $33.00 PAGE 1 OF 8 BOOK: 845 PAGE: 434 EASEMENT JEANNE WAGNER LINCOLN COUNTY CLERK 1II1II11111IIII11101III II1101 II IM 111111111111111 1011 1111111 2. Maintenance. Grantee shall have the right and obligation hereunder, at all times, to enter upon the Easement Tract to do all things necessary for the construction, reconstruction and maintenance of said Facilities at Grantee's sole cost and expense, and shall indemnify and hold harmless Grantor from and against any and all loss, cost, damage and expense from any cause arising out of any wrongful or negligent act of Grantee or its employees, agents, contractors and licensees in connection with the Easement. Grantee shall have the right hereunder, at all times, to enter the Easement Tract for the inspection, repair and renewal of the Facilities and for the doing of all things necessary to maintain said Facilities in a proper condition. 3. Non Exclusive Easement. Grantor reserves the express right to use and enjoy the Easement Tract for any purpose that does not unreasonably interfere with the Easement, including the right to grant additional easements for utilities or otherwise on and within the Easement Tract; provided that Grantor shall (or shall cause the grantee of such additional easements to) restore any damage to the Easement Tract or the Facilities caused by Grantor's use of the Easement Tract to the condition the same were in immediately prior to such damage. 4. Protection from Liens. All work performed on the Easement Tract by Grantee shall be performed in a lien -free, good and workmanlike manner and in accordance with the requirements of all applicable government ordinances, codes, regulations and laws. In the event any mechanic's or materialman's lien is filed against the land of Grantor in connection with work for or on behalf of Grantee, then Grantee shall, promptly after notice of filing, cause the same to be discharged of record. 5. Authority. Grantor hereby represents and warrants that it is the owner of the Easement Tract and that this Easement Agreement and the individual executing this Easement Agreement on behalf of Grantor have been duly authorized and that by the execution hereof, Grantor is bound by all of the terms and conditions hereof. Grantee hereby represents and warrants that it is the owner of the Benefitted Property and that this Easement Agreement and the individual executing this Easement Agreement on behalf of Grantee have been duly authorized and that by the execution hereof, Grantee is bound by all of the terms and conditions hereof. 6. Connection to Power Line. Subject to compliance with any applicable laws, ordinances, regulations or rules relating to the Facilities and the operation thereof, Grantee agrees to allow Grantor to connect to the power line for the purpose of providing power to the property owned by Grantor on which the Easement Tract is located. If Grantee connects to the Facilities d shall further be obligated to pay for any usage of power. Grantee shall only be allowed to connect to the facilities if a meter is installed to measure usage of power and if such connection is allowed by any utility company with jurisdiction over the Facilities or the power conducted thereby. In no event shall Grantee be allowed to connect for usage beyond normal residential (limited to 3 residences) usage and normal farm and/or ranch usage. 7. Assignment. Grantee shall have the right to assign this Easement Agreement and its rights hereunder to any party that is the owner of the Benefitted Property, or any portion thereof, as well as to any entity that is to operate or own the Facilities, including, without limitation, Rocky Mountain Power Company or any other owner or operator of the Facilities. 8. Binding Effect. It is agreed that the foregoing is the entire contract between the parties hereto, and that this written agreement is complete in all its terms and provisions and shall be binding on the parties hereto and their respective representatives, heirs, successors and assigns. 9. Counterparts. This Easement Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument. This Easement Agreement is executed effective as of July 1, 2008, and granted under Grantee to have to hold said easement and right -of -way unto Grantee, and unto its successors and assigns forever. GRANTOR: Paul Paytosh 1, 14 40sh GRANTEE: WIDE OPEN SPACES LLC, a Wyoming limited liability company By: STATE OF COUNTY OF .a t+L, The foregoing instrument was acknowledged before me by Paul Paytosh and Mary Paytosh. WITNESS my hand and official seal. My commission expires: 71lo Lc) t S STATE OF L k 4 tSr COUNTY OF k& SHERRIE TRYTHALL Notary Public State of Utah My Commission Expires on: July 26, 2015 Comm. Number: 611957 QQ T e foregoin instrument was acknowled before me b \c�C c� cco of Wide Open Spaces LLC, a Wyoming limited liability company. WITNESS my hand and official seal. My commission expires: 1 L__ SHERRIE TRYTHALL Notary Public State of Utah My Commission Expires on: July 26, 2015 Comm. Number: 611957 EXHIBIT A Description of Easement Tract LEGEND V V sw r,o,rre, Sec on 4 (Corner .3 Trod 371 o 9.32 n,b 9 Con PUBLIC LAND SURVEY CORNER O ANGLE POINT P.O.B. POINT OF BEGINNING P.O.E. POINT OF ENDING BASIS OF BEARING The base bearing for this survey is Geodetic North based on GPS observation. CERTIFICATE OF SURVEYOR State of Wyoming County of Uinta ss I, Stanton G. Taggart, of Wasatch Surveying Associates, L.L.C., hereby state that 1 am by occupation a Professional Land Surveyor employed by Wide Open Spaces, LLC. to make the survey of the easement described and shown on this plat; that the survey of said works was made under my supervision and authority and that such survey is accurately represented hereon. ANY CHANGE, ADOION DR DELETION OF ANY PART OF THIS DESCRIPTION WILL ACT TO VOID ANY WARRANTY OR RESPONSISIUTY, EXPRESS OR IMPLIED. THAT I MAY HAVE TOWARDS THE SUBJECT PROPERTY. 0 1 ATC SURVEYING T26N, R118W, 6th P.M. Poytosh Property Property Line Higley Property 906 Main Street Evanston, Wyoming 82930 Phone No. (307) 789 -4545 Teichert Brothers LLC Property N00'26'20 "W, 256.60' 1 N 06 22'54"E, 87.54 1 N0622'54 "E, 50.32' i Centerline o/ Smiths Fork Rood N89'54'38 "E, 2639.40' Point "A" P.O.B. 288.83' Centerline of Proposed Powerline LEGAL DESCRIPTION An easement for powerline purposes located in the Tract No. 37, Section 4, T26N, RI18W, 6TH P.M., Lincoln County, Wyoming. said easement being 20.00 feet wide, 10.00 feet on each side of the following described centerline: Commencing at the Southeast corner of said Tract No. 37 (also the South one quarter comer of Section 4, T26N, R118W) and running thence S 89 °54'38" W, 288.83 feet along the South line thereof,' thence N 06 °22'54" E, 50.32 feet to the POINT OF BEGINNING, said point lying on the South line of the Paytosh property; thence continuing N 06 °22'54" E, 87.54 feet to a point to be known as "Point A thence N 00 °26'20" W, 256.60 feet to the POINT OF ENDING of this part of said easement, said point lying on the Northerly line of said Paytosh property; Also BEGINNING at said "Point A" and running thence S 87 °01'43" E, 30.00 feet to the POINT OF ENDING of this part of said easement. Said easement being 374.14 feet or 22.68 rods in length. C:,rne 9J2 OLO C'css Cop Map Showing Wide Open Spaces, LLC Proposed Powerline Across Paytosh Property Located in Tract 37, Section 4 T26N, R118W, 6th P.M. Lincoln County, Wyoming Project No. 07 -115 Date: 11/18/07 EXHIBIT B Description of Benefitted Property The following property located in Lincoln County, State of Wyoming: Resurvey Township 27 North, Range 118 West of the 6 P.M., Lincoln County, Wyoming Tracts 61, 62, 63, 66, 72, 73, 74 and 75.